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Mckinney's Consolidated Laws of New York Annotated
§ 623. Inmate telephone services
1. Telephone services contracts for inmates in state correctional facilities shall be subject to the
procurement provisions as set forth in article eleven of the state finance law provided, however,
that when determining the best value of such telephone service, the lowest possible cost to the
telephone user shall be emphasized.
2. The department shall make available either a “prepaid” or “collect call” system, or a
combination thereof, for telephone service. Under the “prepaid” system, funds may be deposited
into an account in order to pay for station-to-station calls, provided that nothing in this
subdivision shall require the department to provide or administer a prepaid system. Under a
“collect call” system, call recipients are billed for the cost of an accepted telephone call initiated
by an inmate. Under such “collect call” system, the provider of inmate telephone service, as an
additional means of payment, must permit the recipient of inmate calls to establish an account
with such provider in order to deposit funds to pay for such collect calls in advance.
3. The department shall not accept or receive revenue in excess of its reasonable operating cost
for establishing and administering such telephone system services as provided in subdivisions
one and two of this section.
4. The department shall establish rules and regulations or departmental procedures to ensure that
any inmate phone call system established by this section provides reasonable security measures
to preserve the safety and security of each correctional facility, all staff and all persons outside a
facility who may receive inmate phone calls.
CREDIT(S)
(Added L.2007, c. 240, § 2, eff. April 1, 2008.)
HISTORICAL AND STATUTORY NOTES
2011 Electronic Pocket Part Update.
L.2007, c. 240 legislation
L.2007, c. 240, §§ 1, 2 (second), provide:
“Section 1. Legislative findings and intent. The legislature finds that an inmate's ability to
maintain contact with community and family is critical to a successful re-entry after release from
prison. Inmates are often incarcerated far away from where their family and friends reside.
Therefore, telephone calls are frequently the only method available to inmates to maintain vital
contact with loved ones. The purpose of this legislation is to ensure that inmates can maintain
contact with their loved ones without creating an undue financial burden on the inmate or the
recipient of inmate calls. Further, the legislature does not intended to require the department of
correctional services to provide or administer a ‘prepaid’ telephone system under which funds
may be deposited into an inmate's account to pay for station to station calls. Rather, the
legislature intends to provide the department of correctional services with the flexibility to make
available either a ‘collect call’ or ‘prepaid’ system, or a combination thereof.”
“2. This act shall take effect April 1, 2008 and shall apply to any new or renewal contract for
inmate telephone services entered into on or after such date and provided further that any new or
renewal contract for inmate telephone services entered into prior to April 1, 2008 shall not run
past March 31, 2008.”
2003 Main Volume
Former Sections
Former § 623, which related to the furnishing of information by officers, was added by L.1929,
c. 243, amended by L.1946, c. 454 and repealed by L.1958, c. 881, § 2, eff. Jan. 1, 1959.
Provisions relating to criminal identification and statistics are now covered by Correction Law §
618 and Executive Law §§ 837, 837-b.
SUPPLEMENTARY PRACTICE COMMENTARIES
2011 Electronic Pocket Part Update.
by Mark Bonacquist
2007
The high cost of inmate telephone service in Department of Correctional Services' facilities has
long been a source of anger and frustration for inmates and their families. In an attempt to rectify
this situation, the Legislature added this section specifying that inmate telephone services
contracts in State prisons shall be subject to the competitive bidding requirements of the State
Finance Law, but also requiring that in determining the “best value” of such service, the lowest
cost to the user shall be emphasized. Significantly, § 623 prohibits the Department from
accepting commissions in excess of its reasonable costs in operating the inmate telephone
system. This amendment codifies action taken by Governor Spitzer in the fiscal year 2007-08
State budget to end the commissions the Department realized from each call. It was the payment
of these commissions that greatly increased the cost of telephone service in State prisons well
beyond that paid by callers in the community. The requirements take effect April 1, 2008 and
apply to any new or renewal contract for inmate telephone services entered into on or after such
date.
